Terms of Use
TERMS-OF-USE AGREEMENT
The following terms apply to all of our Real Estate Rock Stars LLC products and services including but not limited to theRockStarAgent.com and agentAMP.com.
By using Real Estate Rock Stars LLC products and services, you (sometimes referred to herein as “User”) agree to be bound by the following terms and conditions (the “Terms of Service”).
REAL ESTATE ROCK STARS LLC, A MICHIGAN LIMITED LIABILITY COMPANY (“REAL ESTATE ROCK STARS LLC, THEROCKSTARAGENT.COM and AGENTAMP.COM”) WELCOMES YOU. WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF OUR SITE(s) AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH OUR SITE(S) (“AGREEMENT”). BY ACCESSING, VIEWING, OR USING OUR SITE(S), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE OUR SITES.
USE OF SITE(S)
This web site is provided solely for the use of current and future customers of REAL ESTATE ROCK STARS LLC to provide you with information about our company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate:
i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
ii. any advertisement, solicitation, spam, chain letter, or other similar type of information;
iii. any encouragement of illegal activity;
iv. unauthorized use or disclosure of private, personally identifiable information of others; or
v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (“Materials”) are the property of REAL ESTATE ROCK STARS LLC and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this Web site and prevent unauthorized copying of the Contents. Except as provided in this Notice, REAL ESTATE ROCK STARS LLC does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
DISCLAIMER OF WARRANTY
You expressly agree that use of this web site is at your sole risk. Neither REAL ESTATE ROCK STARS LLC, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, REAL ESTATE ROCK STARS LLC does not warrant reliability of any statement or other information displayed or distributed through the site. REAL ESTATE ROCK STARS LLC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. REAL ESTATE ROCK STARS LLC may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
OUR SITE(s) AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. REAL ESTATE ROCK STARS LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REAL ESTATE ROCK STARS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT REAL ESTATE ROCK STARS LLC AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL REAL ESTATE ROCK STARS LLC OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER REAL ESTATE ROCK STARS LLC OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless REAL ESTATE ROCK STARS LLC, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
PRIVACY POLICY
Click here to access REAL ESTATE ROCK STARS LLC’S Privacy Statement governing the use of information that REAL ESTATE ROCK STARS LLC obtains from you through your use of this Web site.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, REAL ESTATE ROCK STARS LLC may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this site links to web sites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by REAL ESTATE ROCK STARS LLC. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by REAL ESTATE ROCK STARS LLC. REAL ESTATE ROCK STARS LLC does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by REAL ESTATE ROCK STARS LLC. Links do not imply that REAL ESTATE ROCK STARS LLC or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of REAL ESTATE ROCK STARS LLC or any of its affiliates or subsidiaries. Except for links to information authored by REAL ESTATE ROCK STARS LLC, REAL ESTATE ROCK STARS LLC is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. REAL ESTATE ROCK STARS LLC reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. REAL ESTATE ROCK STARS LLC makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Washtenaw County, Michigan for any disputes with REAL ESTATE ROCK STARS LLC arising out of your use of this site.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between REAL ESTATE ROCK STARS LLC and you with respect to this web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and REAL ESTATE ROCK STARS LLC with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. REAL ESTATE ROCK STARS LLC does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Web site, including but not limited to any consent you give to receive communications from REAL ESTATE ROCK STARS LLC solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
EARNINGS AND INCOME DISCLAIMER
ANY EARNINGS OR INCOME STATEMENTS, OR EARNINGS OR INCOME EXAMPLES, ARE ONLY ESTIMATES OF WHAT WE THINK YOU COULD EARN. THERE IS NO ASSURANCE YOU’LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
WHERE SPECIFIC INCOME FIGURES ARE USED, AND ATTRIBUTED TO AN INDIVIDUAL OR BUSINESS, THOSE PERSONS OR BUSINESSES HAVE EARNED THAT AMOUNT. THERE IS NO ASSURANCE YOU’LL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO INCOME EARNINGS ON theRockStarAgent.com or by Real Estate Rock Stars LLC, ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS.
THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO INCOME EARNINGS, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS.
MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. WE HAVE NO WAY OF KNOWING HOW WELL YOU WILL DO, AS WE DO NOT KNOW YOU, YOUR BACKGROUND, YOUR WORK ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES. THEREFORE WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL GET RICH, THAT YOU WILL DO AS WELL, OR MAKE ANY MONEY AT ALL. THERE IS NO ASSURANCE YOU’LL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
REAL ESTATE BUSINESSES AND EARNINGS DERIVED THERE FROM, HAVE UNKNOWN RISKS INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR PRODUCTS, SERVICES, OR WEB SITE, SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, OR MAKE NO MONEY AT ALL.
ALL PRODUCTS AND SERVICES OF theRockStarAgent.com or by Real Estate Rock Stars LLC ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF QUALIFIED PROFESSIONALS. CHECK WITH YOUR ACCOUNTANT, LAWYER OR PROFESSIONAL ADVISOR, BEFORE ACTING ON THIS OR ANY INFORMATION.
USERS OF OUR PRODUCTS, SERVICES AND WEB SITE ARE ADVISED TO DO THEIR OWN DUE DILIGENCE WHEN IT COMES TO MAKING BUSINESS DECISIONS AND ALL INFORMATION, PRODUCTS, AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN QUALIFIED PROFESSIONALS. OUR INFORMATION, PRODUCTS, AND SERVICES ON theRockStarAgent.com or by Real Estate Rock Stars LLC SHOULD BE CAREFULLY CONSIDERED AND EVALUATED, BEFORE REACHING A BUSINESS DECISION, ON WHETHER TO RELY ON THEM.
YOU AGREE THAT OUR COMPANY IS NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR BUSINESS DECISIONS RELATING TO ANY INFORMATION PRESENTED BY theRockStarAgent.com or by Real Estate Rock Stars LLC, OR OUR COMPANY PRODUCTS OR SERVICES.
User Submitted ContentMonthly subscriptions are automatically renewed monthly. If you cancel your subscription, you will continue to have access to service through the end of your subscription month, at which time your access privileges will end. We apologize, but due to the nature of automated billing, we do not prorate the unused portion of monthly subscriptions. So you’ll receive no prorated refund for the billing cycle in which you cancel, but you’ll retain access through the end of that billing cycle.
The content submitted and displayed on TheRockStarAgent.com (referred herein as “Submissions”) or content links on TheRockStarAgent.com are developed by people over whom TheRockStarAgent exercises no control. TheRockStarAgent does not screen the content before including them on the site. With user User submitted content, some people may find the content objectionable, inappropriate or offensive. We cannot guarantee that TheRockStarAgent.com will not display unintended or objectionable content on the site and TheRockStarAgent assumes no responsibility or liability for the content of any User Submissions.
REFUND & CANCELLATION POLICY
All cancellations and refund requests MUST be submitted in writing via email to be eligible for a refund. We do not accept telephone cancellations or refund requests and they will not be honored. NOTE THAT UNDER NO CIRCUMSTANCES WILL A REFUND BE ISSUED WITHOUT A WRITTEN EMAIL SENT TO SUPPORT@THEROCKSTARAGENT.COM OR SUPPORT@AGENTAMP.COM
****************NOTE: THE FOLLOWING APPLIES TO THE ALG COURSE USERS***************************
30 day money back guarantee starts from the initial order date. In the event you are not completely satisfied for any reason, you must, prior to the 31st day, email us directly and we will refund refund your credit card the full purchase price.
*****************NOTE: THE FOLLOWING APPLIES TO AGENTAMP.COM LEAD GENERATION USERS**************
30 day money back guarantee starts from initial date of order.
OWNERSHIP
Client acknowledges that they are paying for a setup fee and access & service to a lead generation system. Client is not purchasing a website or domain and client is not owner of the site or domain. Real Estate Rock Stars LLC is the owner of all intellectual property rights in and to the services, including copyrights, trade secrets, trademarks, patents, know-how, lead gen website & domain. Client(s) acknowledges the foregoing and agrees to implement protection measures designed to prevent unauthorized use and reproduction of the Service, including, but not limited to, keeping all documentation relating to, and computers enabled with, the Service in a secure place, under reasonable access and use restrictions not less strict than those applied by Client(s) with respect to its own confidential information.
By Purchasing A agentAMP.com Lead Solution, Customer Acknowledges And Accepts the following as evidenced by checking the “I Agree to Terms” check box in the shopping cart checkout process:
Real Estate Rock Stars, LLC Service Agreement
ACCESS AND SERVICE AGREEMENT
1. Parties. This Agreement (“Agreement”) is between Real Estate Rock Stars LLC, a Michigan limited liability company (“Company”), with offices located at 555 Briarwood Circle, Ste. 333, Ann Arbor, Michigan 48108, and the undersigned (“Client(s)”).
2. Purpose of Agreement. Company the owner of a certain Lead Capture System (the “Service”). This Agreement sets forth the terms and conditions under which Company will provide Access and Service to Client(s).
3. Service. In consideration of the timely payment as defined below in paragraphs 4, Company will hereby provide Access and Service to client(s). All rights not expressly granted to Client(s) in this Agreement are reserved by Company, and Client(s) may not use the Access or Service in any manner not expressly authorized by this Agreement. Client(s) may use the Service for Client(s)’s internal business operations only and not by, or for the benefit of, any affiliate or any other third party.
4. Monthly Fee. Client(s) agrees to pay Company Monthly for A Site Management Fee of $97. Payment shall be due and payable in advance on a monthly basis. Client(s) hereby gives Company authorization to place a recurring monthly charge on Client(s)’s credit card. Late payments may be subject to a late payment charge at the discretion of the Company.
5. Monthly Advertisement Fee. The Client(s) may also optionally choose to have Company drive traffic and generate leads for a Monthly Advertisement Fee. Client(s), at his/her discretion, may Increase, Decrease, or Pause the advertisement spend monthly subject to written notice by Client(s) to the Company at lease 3 business days prior to desired Increase, Decrease, Pause or Cancellation advertisement spend.
5.1 In the event the Client(s) chooses to “Pause” the advertisement spend, the 97.00 monthly site management fee remains in effect until written notice of cancellation is received by Company.
5.2 In the event client request “Pause(s)” the account for more that 120 days per calendar year this agreement becomes voidable by Company.
5.3 In the event the Client(s) chooses to cancel, Access and Service will continue until the end of the billing cycle at which time Access and Service will terminate. NOTE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY PRORATE OR REFUND ANY PORTION OF FEE OR ADVERTISEMENT SPEND if cancellation occurs in the midst of a billing cycle.
5.4 Company reserves the right to adjust “per lead” cost in the event 3rd party online traffic costs increase. Notice of any increase will be provided to Client(s) one week prior to the new billing cycle at which time Client(s) may terminate.
6. Term. The term of this Agreement shall commence upon Client(s)’s Acceptance (as hereinafter defined) of the Service, and shall continue as long as the Client(s) continues to pay the Monthly Fee outlined in paragraph 4. In the event the site goes down the Client(s) must notify the company in writing. The Company will use commercially reasonable efforts to, at its sole option, repair or replace Access and Service within a reasonable time. However, if Company is unable to repair or replace Access and Service within thirty (30) days of its receipt of such notice, then Client(s) may immediately terminate this Agreement and will receive a refund equal to one month fee, as outlined in paragraph 4.
7. Termination. This Agreement may be revoked by Company at any time due to Client(s)’s non-payment of the Monthly Fee because of a Pause(s) exceeding 90 days per calendar year when same is due. Upon termination of this Agreement, Client(s) shall immediately: (a) discontinue all use of the Service; (b) de-install and/or remove any and all copies of the Service, whether authorized or unauthorized, from any computer or server upon which the Access and Service has been installed by or on behalf of Client(s).
8. Training; Lead Generation Tools. Company will provide FREE access to theRockStarClient(s).com training sessions.
7.1 In order for Client(s) to fully utilize Access and Service, Client(s) should possess the following necessary lead generation tools: computer; broadband internet connection; email/web enabled cell phone (preferably a Blackberry), quality Auto-responder and an IDX enabled website where the public can search for homes.
9. Confidentiality.
9.1 During this Agreement, each party may have access to information that is considered confidential by the other. This information may include, but is not limited to, the Services,technical know-how, technical specifications, Service object code and source code, protocols, processes, strategic business plans, results of testing, systems, financial information, product information, methods of operation, customer information, supplier information and compilations of data (“Confidential Information”).
9.2 Each party shall use the other party’s Confidential Information only for the purposes of this Agreement. Each party shall maintain the confidentiality of the other party’s Confidential Information in the same manner in which it protects its own Confidential Information of like kind, but in no event shall either party take less than reasonable precautions to prevent the unauthorized disclosure or use of the other party’s Confidential Information
9.3 Each party is permitted to disclose the other party’s Confidential Information to its employees, contractors and other third parties on a need to know basis only, provided that such employees, contractors and/or third parties have written or legal confidentiality obligations to that party no less stringent than those contained in this Agreement.
9.4 The confidentiality provisions of this Agreement do not apply to information that is or becomes generally available or known to the public through no act or omission of the receiving party; was received lawfully from a third party through no breach of any obligation of confidentiality owed to the disclosing party; or created by a party independently of its access to or use of the other party’s Confidential Information.
9.5 Upon termination of this Agreement, each party shall return the other party’s Confidential Information and shall not use the other party’s Confidential Information for its own, or any third party’s, benefit. The provisions of this Section shall survive termination of this Agreement for so long as the Confidential Information remains confidential.
10. Covenant Not to Compete. Client(s), for Client(s)’s heirs and assigns, agrees not to establish, engage in, or in any manner become interested in, directly or indirectly, as an employee, owner, partner, Client(s), shareholder, member, or otherwise, any competing business during the term hereof, and for a period of twelve (12) months following the termination or expiration of this Agreement.
11. Ownership. Company is the owner of all intellectual property rights in and to the Services, including copyrights, trade secrets, trademarks, patents and know-how and site. Client(s) acknowledges the foregoing and agrees to implement protection measures designed to prevent unauthorized use and reproduction of the Service, including, but not limited to, keeping all documentation relating to, and computers enabled with, the Service in a secure place, under reasonable access and use restrictions not less strict than those applied by Client(s) with respect to its own confidential information.
12. General.
12.1This Agreement, Exhibit A, and any amendments thereto, contain the entire understanding of the parties with respect to the subject matter addressed herein and supersede, replace and merge all prior understandings, promises, representations and agreements, whether written or oral, relating thereto. This Agreement may not be modified except by a writing signed by both parties. No terms or conditions of either party’s invoice, purchase order or other administrative document shall modify the terms and conditions of this Agreement, regardless of the other party’s failure to object to such form. The remedies accorded Company under this Agreement are cumulative and in addition to those provided by law.
12.2 Any waiver of a party’s right or remedy related to this Agreement must be in writing, signed by that party to be effective. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will effect the other provisions of this Agreement
12.3 This Agreement shall be governed by the laws of the State of Michigan (exclusive of its choice of law rules), and the federal laws of the U.S.
12.4 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision will be enforced to the fullest extent that it is valid and enforceable under applicable law. All other provisions of this Agreement shall remain in full force and effect.
12.5 Company does not warrant that the functions contained in the Service will meet Client(s)’s specific requirements, the requirements of Client(s)’s particular industry, or will be error-free or operate without interruption. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
12.6 All notices must be in writing and sent either by hand delivery; messenger; certified mail, return receipt requested; overnight courier; or by facsimile or by e-mail (with a confirming copy) and shall be effective when received by such party at the address listed herein or other address provided in writing.
12.7 Client(s) may not assign or sublicense this Agreement, in whole or in part, without Company’s prior express written consent, which shall not be unreasonably withheld or delayed. Any attempted assignment or sublicense without such written consent shall be void. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns.
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Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please see our DMCA Notice Procedures below.
Submission.
theRockStarAgent.com and agentAMP.com is pleased to hear from its members and welcomes your comments regarding theRockStarAgent.com and agentAMP.com online services. If you send us submissions (e.g., postings to a Community Bulletin Board or contests) or you send us creative suggestions, ideas, notes, drawings, marketing concepts or other information (collectively, the Submissions?), the Submissions shall be deemed, and shall remain, the property of theRockStarAgent.com and agentAMP.com. None of the Submissions shall be subject to any obligation of confidence on the part of theRockStarAgent.com and agentAMP.com. theRockStarAgent.com and agentAMP.com shall not be liable for any use or disclosure of any Submissions and theRockStarAgent.com and agentAMP.com may edit, in its sole discretion, such Submissions for use. Without limitation of the foregoing, you hereby assign to theRockStarAgent.com and agentAMP.com all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and agree that theRockStarAgent.com and agentAMP.com shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. To the extent this assignment is ineffective; you hereby grant to theRockStarAgent.com and agentAMP.com a royalty-free, nonexclusive, perpetual, unrestricted license to publish, transmit, perform, display and otherwise use this Submissions for any purpose whatsoever.
All content on theRockStarAgent.com and agentAMP.com, other than the Submissions displayed on theRockStarAgent.com and agentAMP.com or otherwise made available via theRockStarAgent.com and agentAMP.com, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“theRockStarAgent.com and agentAMP.com Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to theRockStarAgent.com and agentAMP.com, subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. Submissions made available on or via theRockStarAgent.com and agentAMP.com, are provided to you AS IS for your information and personal use (or, as applicable, for Permitted Business Use) only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of theRockStarAgent.com and agentAMP.com or the respective owners of such Submissions. theRockStarAgent.com and agentAMP.com reserves all rights not expressly granted in and to theRockStarAgent.com and agentAMP.com and the theRockStarAgent.com and agentAMP.com content. You agree to not engage in the use, copying, or distribution of any of the theRockStarAgent.com and agentAMP.com Content or Submissions, other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through theRockStarAgent.com and agentAMP.com for any commercial or service bureau purposes. If you download or print a copy of any theRockStarAgent.com and agentAMP.com Content or Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of theRockStarAgent.com and agentAMP.com or features that prevent or restrict use or copying of any theRockStarAgent.com and agentAMP.com Content or Submissions, or enforce limitations on use of theRockStarAgent.com and agentAMP.com or the theRockStarAgent.com and agentAMP.com Content or Submissions displayed or made available therein.
Digital Millennium Copyright Act Notice Procedures
If you are a copyright owner or an agent thereof and believe that any Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our contact below with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at (or in the case of audio files linked from) Real Estate Rock Stars LLC are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Real Estate Rock Stars LLC to locate the material;
Information reasonably sufficient to permit Real Estate Rock Stars LLC to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Real Estate Rock Stars LLC’s designated Copyright Agent to receive notifications of claimed infringement is:
Any questions, please call or email.
We are proud to serve.
Real Estate Rock Stars LLC
555 Briarwood Circle Suite 333
Ann Arbor, MI 48108
1-800-941-9008
http://therockstaragent.com/support